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In forceAmended2020 Revised Edition
Contents

Part 9 · Recovery and Assessment of Costs

117. Charging orders

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Amended

Last amended by an amending law of 2021.

(1)

Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may —

(a)

at any time declare the solicitor entitled to a charge on the property recovered or preserved through his or her instrumentality for his or her assessed costs in reference to that suit, matter or proceeding; and

(b)

make such orders for the assessment of the costs and for paying, or raising money to pay, the costs out of that property as it thinks fit.

(2)

All conveyances and acts done to defeat, or operating to defeat, the charge mentioned in subsection (1)(a) are, except in the case of a conveyance to a bona fide purchaser for value without notice, void as against the solicitor.

(3)

An order must not be made under subsection (1) if the right to recover the costs is barred by the Limitation Act 1959.

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Part 9A

Law Practice Entities

Part 10

Miscellaneous

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